Patna High Court
Lalbabu Manjhi @ Lalbabu MahtoversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail is granted to the petitioner subject to bail bonds, sureties, and verification of antecedents under Section 482(2) of the B.N.S.S.
Summary
The petitioner, Lalbabu Manjhi, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2022, alleging recovery of liquor from multiple houses including his own. He argued that the liquor was in a joint family property, he had no conscious possession, and the concept of deemed possession was removed by the 2018 amendment, making the prosecution's case weak. The State opposed the bail, but the court considered the submissions and the lack of direct possession. The court granted provisional anticipatory bail, requiring a bail bond of Rs.5,000 with two sureties and subject to verification of the petitioner’s criminal antecedents. The order is conditional under Section 482(2) of the B.N.S.S., and confirmation depends on the trial court’s findings on antecedents.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the Bihar Prohibition and Excise Act, 2022.
- Whether the petitioner’s alleged possession of liquor can be deemed sufficient for arrest after the 2018 amendment removing deemed possession.
Legislation cited
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- Section 30
- liquor possession
- joint family property
- deemed possession
- Section 482(2)
- criminal antecedents
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26462 of 2026
Arising Out of PS. Case No.-87 Year-2026 Thana- RAXAUL District- East Champaran
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Lalbabu Manjhi @ Lalbabu Mahto S/o Sonelal Manjhi R/o - Kaudhiar
Dhangadtoli, P.S - Raxaul, District - East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vishal Prasad
For the Opposite Party/s : Mr. Umeshanand Pandit
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 22-04-2026 1. Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offence punishable under Section 30(a) of
Bihar Prohibition and Excise Act, 2022.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of one case under the Excise Act and
allegation is of recovery of 15.75 litres of liquor from house of
Harinarayan, 29.25 litres of liquor from house of petitioner and
5 litres of liquor from house of Ramnarayan. It is next submitted
that petitioner was not arrested from the spot as such nothing
was recovered from his conscious possession and the house in
question is a joint family property as such it cannot be alleged
with certainty that it was petitioner, who had kept the liquor in
Patna High Court CR. MISC. No.26462 of 2026(2) dt.22-04-2026
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the house or the liquor kept in the house was within his
knowledge and after amendment in the Excise Act in the year
2018, the concept of deemed possession and presumed offender
has been done away with and he came to be implicated at the
instance of chowkidar with whom he is on an inimical term. It is
also submitted that if chowkidar was aware of the involvement
of the petitioner in the occurrence then why he did not inform
the police prior to institution of the instant FIR which casts an
aspersion on the case of the prosecution.
4. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
5. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, in the
event of his arrest or surrender within a period of six weeks
from today, be released on provisional anticipatory bail on
furnishing bail bonds of Rs.5000/- (Rupees five thousand) with
two sureties of the like amount each to the satisfaction of the
learned trial court where the case is pending/successor court in
connection with Raxaul P.S. Case No.87/2026, subject to the
conditions as laid down under Section 482(2) of the B.N.S.S.
6. It is made clear that the learned trial court thereafter
shall verify the criminal antecedents of the petitioner and in the
Patna High Court CR. MISC. No.26462 of 2026(2) dt.22-04-2026
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event if it is found that petitioner has antecedent of more than
one case, in that event, it would be presumed that petitioner had
concealed his antecedent before this court, as such, the
provisional anticipatory bail order shall not be confirmed but if
on verification it is found that petitioner has antecedent of one
case, in that event the provisional anticipatory bail order shall be
confirmed forthwith.
(Satyavrat Verma, J)
amit/-
U T
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